My Lords, I am moving Amendment 104, which deals with the Government’s obligations in the international CITES resolution. We debated this issue in Committee and it remains a concern to a number of the wildlife and elephant charities. This amendment would insert a preamble linking the Bill to the resolution adopted unanimously by Governments at the 2016 conference of parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora—CITES. This calls on all Governments to close domestic ivory markets, which contribute to the poaching of and illegal trade in ivory.
As we explained in Committee, the government amendments introduced on Report in another place, while welcome, had the accidental consequence of removing the explicit link between the Bill and CITES. There is now nothing in the Bill to make it clear that this legislation was drafted partly in response to the resolution adopted unanimously by Governments at the 2016 conference of parties to CITES.
We raised this concern in Committee, where the Minister the noble Lord, Lord Gardiner, reaffirmed the importance and relevance of CITES. However, he argued that an explicit link in the preamble was unnecessary, given that the aforementioned government amendment made it possible to go further than CITES and broaden the scope of the Bill to all ivory species.
While we welcome this provision, we nevertheless believe that such a preamble would strengthen the Act against possible judicial and European Court of Human Rights challenges by confirming that the legislation enables the UK to comply with international obligations to control domestic ivory markets under a UN-backed treaty. Moreover, as the Minister himself noted:
“No other provision in the Bill could be limited by a reference to CITES”.—[Official Report, 12/9/18; col. 2353.]
We therefore do not accept that the reference to CITES is as limiting as the Minister would have us believe. Indeed, there are precedents for this, notably in the original legislation to implement CITES in the UK under the Endangered Species (Import and Export) Act 1976. This Act also covered thousands of non-CITES species.
We believe that this amendment, contrary to what the Minister has argued, would have the effect of strengthening rather than weakening the Bill. I beg to move this amendment and hope that noble Lords will support it.